Eau Claire Criminal Defense Blog

What you need to know about assault charges

Assault is a serious accusation. It's a crime in which one person threatens harm to another in a convincing manner. Assault itself is not the act of violence; that's called battery. Battery is unlawful conduct of a physical nature. It can be unwelcome sexual contact or acts of violence.

Not all threats are considered to be assaults, so if you've been accused of assault, you can use that to your advantage. Threats intending to cause apprehension or threats that do cause apprehension are assault. That means that the person you're threatening needs to truly fear for his or her safety.

Fentanyl: A growing problem for law enforcement

Fentanyl is a dangerous substance used in the medical field. It's an opioid pain medication that has a rapid onset and lasts only a short time. It's extremely potent, so only a small amount is ever used.

Fentanyl has the potential to enter the body through multiple pathways. Although it's typically administered through IV during general anesthesia, it can also be applied via patch through the skin. Since it can pass through the skin, those working to combat the illicit use of fentanyl are in serious danger.

What to do when an OWI stop interrupts your summer break

Summer is just about at its half-way point, and many Wisconsin college students are once again gearing up for another school semester. For some, the current goal is to cram as much fun and recreation into the remaining weeks of vacation as possible. As is often the case with college kids, this may include going to parties. As is also often the case with college kids, such parties may include alcoholic beverages, which may complicate matters should there be a traffic stop on the way home.

Getting charged with OWI just before going back to college can really put a damper on your academic success. In fact, it may even affect your ability to return to school altogether. In some colleges, a OWI arrest would render you ineligible for enrollment. It's best to research your own school's rules ahead of time, and also to know what to do if a police officer stops you and you're worried about getting arrested.

Cost is prohibitive when it comes to creating new OWI laws

The charge of operating while intoxicated (OWI) carries fines and penalties that are high, and if some people had their way, the penalties would increase. Legislators in the state want to make it harder to get back behind the wheel after an OWI, but the cost of doing so is prohibitive.

Right now, a first-time offense will result in a fine in most cases. Some argue that the fine isn't enough of a penalty, because someone who has been arrested for driving drunk likely did so many times before. Toughening penalties isn't that easy though. There are bills that state that make a fourth drunk-driving offense a felony and that maximize all penalties after the seventh. Those became law during the last legislative session. Others would like to continue passing bills, like one that would create a 5-year prison sentence for anyone who drives drunk and kills someone.

Why are fathers falsely accused of domestic violence?

Fathers who are accused of domestic violence may feel insulted or hurt when the fact is that no violence has occurred. False accusations of domestic abuse can hurt a person's reputation and lead to penalties he doesn't deserve. Sometimes, these allegations are made to create a rift between a father and his children, which is the most painful problem of all.

False allegations can lead to struggles gaining child custody, and they can be devastating to a child and family. That's why it's so important to defend yourself if you're falsely accused. Falsely accusing someone of domestic violence is a low blow that you should fight back against.

2 arrested for drug charges after officer pulled them over

When an officer pulls you over, he or she must have a reason to do so. If you were driving with a light out, had smoke coming from your vehicle or were speeding, for instance, then an officer could choose to pull you over legally.

When an officer pulls you over, that doesn't give him or her the right to search your vehicle right away. The officer only obtains that right if there is an obvious crime taking place, an open container in your vehicle or other signs of drug or alcohol abuse.

Getting drunk on food: Yes, it's possible

You went out to dinner with friends an hour or so before you decided to drive home, and then you started to feel odd. You didn't have anything unusual for dinner, yet you feel slightly tipsy. Your vehicle must have been swerving, because an officer pulls you over moments later.

When you take the breath test, you find you're over the legal limit. How is that possible if you haven't even been drinking? One possibility is that the dinner you ate was cooked with alcohol.

Can you face charges for drug paraphernalia over a spoon?

You were heading to a friend's house when an officer pulled you over. Your taillight was out, so he had stopped you to let you know. Everything was going well, and you were pleased that you weren't getting a ticket.

Suddenly, the officer motioned to a small spoon you have on your passenger seat next to a bag of sugar. You're not sure what he wants, but it looks suspicious, and he asks to search your vehicle. Until the bag of unmarked white powder can be tested, you're under arrest for drug crimes. Additionally, you face paraphernalia charges for having a tiny spoon.

Man dies during armed robbery despite no violent acts

It's not every day you hear about a person dying because of being frightened, but it does happen. Does that person's death count as murder, though? In Wisconsin, officials are trying to say that is the case.

According to the story, there were four contractors working on a project in a restaurant when armed robbers entered the building. One went after the restaurant's safe. The other held all four contractors at gunpoint.

Help! How can I manage a drug possession charge?

Dealing with a charge for a drug-related crime can impact your life in a variety of ways. Not only will you face a number of penalties if convicted in criminal court, but it could affect your ability to get a job or go to school both now and in the future -- so the consequences are long-term in nature. Drug possession is one crime in particular that the state of Wisconsin does not treat lightly.

When it comes to drug possession, the type of drug, what you plan to do with the drug and the amount that you have on your person, in your vehicle, in your home or in your general vicinity is really going to matter when fighting your case. The charges against you will either be a misdemeanor or a felony, depending on these three factors.


Krische Law Office
21 S. Barstow Street, Suite 209
Eau Claire, WI 54701

Phone: 715-318-2737
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